By Fred J. Lewis and Mallory Mitton<\/p>\n
In the Idaho worker\u2019s compensation decision of Davis v. Hammack Management<\/i> Inc., <\/i>decide by the Idaho Industrial Commission on October 6, 2015, the claimant in the case filed a petition for the Idaho Industrial Commission to rule on whether the then new decision from the Idaho Supreme Court of Corgatelli v. Steel West, Inc., <\/i>applied to the lump sum settlement agreement (LSSA) in the Davis<\/i> case. Davis, the claimant, argued that his LSSA “unfairly requires Petitioner to waive his full statutory total permanent disability benefits, and adversely affects the timing of ISIF\u2019s total permanent disability payments. Petitioner also wishes the Commission to evaluate the LSSA for ambiguity, and to order the payment of attorney\u2019s fees by Employer and ISIF because they have contested Petitioner\u2019s request for the “full measure” of his TPD benefits”. To summarize, the claimant believed that his LSSA was not giving him all of the benefits that he was entitled to.<\/p>\n
The Industrial Commission ruled that Idaho Code section 72-318 prevented the claimant from attaching the LSSA, even though Corgatelli <\/i>would have dictated a different outcome.<\/p>\n